Police stations
2.7.2
Light switches in detention rooms at police stations
During several monitoring and control visits in police stations, the NPM
observed that detention rooms did not dispose of light switches that can be
reached by the detainees. They thus have no control over the lighting – even
though they can be detained for up to 48 hours in these cells. They have to rely
on the law enforcement officers to fulfil their needs.
In principle, the NPM assumes that the competent police officers make an effort
to fulfil the needs of the detained persons. However, the NPM believes that it
must also be considered that the control of the light implies the possibility of
abusing power.
Worse treatment than
prison inmates
Prison inmates are entitled to reading lamps that can be switched on and off.
For this reason, the NPM has difficulty to understand, from a human rights
points of view, why detainees who are merely suspected of having committed
a punishable deed are subjected to greater restriction during detention. The
CPT standards [CPT/Inf/E (2002) 1 – rev. 2010, German, p. 15, margin No. 47]
also recommend the appropriate lighting of police cells that is bright enough
to be able to read, outside of sleeping times.
The Human Rights Advisory Council, which is involved in the monitoring
proceedings, made a statement recommending the provision of individual
reading lamps in addition to the general room lighting.
The NPM recommended the Federal Ministry of the Interior to install light
switches that the detainees can operate from inside the detention rooms as
a standard. However, as those affected can be agitated after being arrested
and taken to a police station, it should also be possible to deactivate the light
switches from the outside in emergency situations.
Federal Ministry rejects
implementation
In a statement, the Federal Ministry of the Interior rejected this recommendation.
The Ministry argued that the existing regulations suffice to guarantee adequate
lighting. Furthermore, the Federal Ministry holds the view that not only the
short duration of the detention in a police station is an argument against
implementing the recommendation, but also suicide prevention (increased
risk potential through power outlets).
The NPM regrets the stance taken by the Federal Ministry, but needless to say
stands by its recommendation.
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Detention rooms in police stations must be equipped with light switches that can be
operated from the inside, but can also be deactivated from the outside for safety reasons.
The Directive on Workplaces must be altered accordingly.
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